The process of understanding the risks
and benefits of treatment is known as informed consent however patient/legal
heir must have the capacity to make the decision and understand the benefits
and risks of medical care and voluntarily grant consent, without coercion or
duress based on the moral and legal premise of patient autonomy.
- The
patient has the right to make decisions about his/her own health and
medical conditions and must give voluntary informed consent for treatment,
medical tests and procedures.
- The
doctor should give information about a particular treatment or test to the
patient in order to decide whether or not he wishes to undergo such
treatment or test. This is based on the moral and legal premise of patient
autonomy.
- The
legal term for failing to obtain informed consent before performing a test
or procedure on a patient is a form of assault a criminal offence in
- For
many interactions like a physical exam with the doctor, implied consent is
assumed. For more invasive tests or for those tests or treatments with
significant risks or alternatives, you will be asked to give explicit
written consent.
- Under
certain circumstances there are exceptions to the informed consent rule.
The most common exceptions are an emergency in which medical care is
needed immediately to prevent serious or irreversible harm and
incompetence in which someone is unable to give or refuse permission for
testing or treatment.
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